391. Dispute procedure
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(1) Any trade dispute which exists or is contemplated in an essential service shall be reported in writing to the Minister by or on behalf of either party to the dispute.
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(2) Where the Minister—
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(a) after a report is made to him or her in accordance with subsection (1) and he or she is satisfied that such trade dispute exists or is contemplated in an essential service; or
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(b) on his or her own initiative becomes aware of the existence of a trade dispute in an essential service or contemplates such dispute,
the Minister may investigate any matter appearing to him or her to be relevant to that dispute or take such steps as appear expedient to the Minister to promote a settlement.
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(3) The Minister shall consider any dispute reported to him or her in accordance with subsection (1) or that he or she became aware of in accordance with subsection (2)(b), and, if in the Minister's opinion, suitable means for settling the dispute already exist in an agreement between the parties to the dispute, he or she shall refer the dispute for settlement in accordance with the agreement.
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(4) Where steps to promote a settlement of the dispute have been taken by the Minister under the provisions of subsection (2) or (3) and those steps have not resulted in a prompt settlement of the dispute, the Minister shall—
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(a) within 14 days from the date on which the dispute was reported to him or her; or
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(b) within 14 days from the date when the Minister first took cognisance of the dispute in accordance with subsection (2);
refer the dispute for settlement to the Tribunal.
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(5) Where there is no suitable means of settlement for a trade dispute in accordance with subsection (3) or where a dispute exists in an essential service and industrial action is taking place in that essential service, the Minister, notwithstanding the existence of means for settling the dispute in accordance with subsection (3), shall refer the dispute to the Tribunal before the expiration of 14 days of the date on which the dispute was reported to him or her in accordance with subsection (1) or on which he or she took cognisance of the dispute in accordance with subsection (2)(b).